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[Fedora-legal-list] License opinion required



Hi,

I'm packaging software with the following license on part of the code, and I need to know if it's OK.

     License Agreement for Application Response Measurement (ARM)
                        Version 4.0
              Software Development Kit (SDK)


YOU MUST AGREE TO THESE TERMS BEFORE YOU DOWNLOAD OR USE THIS PROGRAM. ANY SUCH USE OR DOWNLOADING INDICATES YOUR ACCEPTANCE OF THESE TERMS.


Hewlett-Packard Corporation (HP) and tang-IT Consulting GmbH (tang-IT) grant you a license to use the ARM SDK. The ARM SDK is copyrighted
     and licensed (not sold).  HP and tang-IT do not transfer
title to the ARM SDK to you. You obtain no rights other than those
     granted under this license.


     Under this license, you may:


       1.  Use the ARM SDK on one or more machines at a time;

       2.  Make copies of the ARM SDK for use or backup purposes within
           your enterprise;

       3.  Modify the ARM SDK and merge it into another
           program; and

4. Make copies of the original file you download and distribute it, provided that you transfer a copy of this license agreement to the other party, and provided that the other party agrees to all terms
           of this license.

     You must reproduce the copyright notice and any other legend of
ownership on each copy or partial copy of the ARM SDK. You may NOT
     sublicense, rent, lease, or assign the ARM SDK or any part of the
     ARM SDK.

Except as expressly stated above, HP and tang-IT grant no other licenses,
     express or implied, by estoppel or otherwise, to any intellectual
     property rights.

HP tang-IT do not warrant that the ARM SDK is free from claims by any
     party of copyright, patent, trademark, trade secret, or any other
     intellectual property infringement.


     LIMITED LIABILITY

Under no circumstances are HP and tang-IT liable for any of the following,
     even if HP and tang-IT are informed of their possibility:

             1.  third party claims against you for losses or damages;

             2.  loss of, or damage to, your records or data; or

3. economic consequential damages (including lost profits or
                 savings) or incremental damages.

             4.  punitive or non-compensatory damages of any sort


     NO WARRANTIES

THIS PROGRAM IS PROVIDED "AS IS." HP AND tang-IT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
     OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

HP and tang-IT do not warrant uninterrupted or error free operation of the
     SDK.

Some jurisdictions do not allow the exclusion of implied warranties or
     limits on liability, so the above exclusions may not apply to you.

HP and tang-IT have no obligation to provide service, defect correction, or any maintenance for the SDK. HP and tang-IT have no obligation to supply any ARM SDK updates or enhancements to you even if such are or
     later become available.

You may terminate this license at any time. HP and tang-IT may terminate this license if you fail to comply with any of its terms. In either
     event, you must destroy all your copies of the ARM SDK.

You are responsible for the payment of any taxes resulting from this
     license.

You may not sell, transfer, assign, or subcontract any of your rights
     or obligations under this license.  Any attempt to do so is void.
     No licensee may bring a legal action more than two years after the
     cause of action arose.

     You hereby waive your right to a trial by jury and agree that any
action arising from the relationship of the parties to this license
     shall be decided by a court without a jury.

TIA,
Dave


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